Major law changes come into force in the UK on Thursday, October 29, relating to the sale of vaping and nicotine products. From today, it is illegal to sell vaping or nicotine products to people under the age of 18.
Further, it is now also an offence for anyone aged 18 or over to buy, or attempt to buy, vaping or nicotine products on behalf of a person under the age of 18, according to the UK Government. The new rules apply in England, Wales, Scotland and Northern Ireland, although the penalties can differ between the nations.
Products affected by new vaping rules from October 29
Aside from the main change of restricting the age for buying vaping and nicotine products to 18, from today it is also illegal to give away a vaping or nicotine product for free where the purpose or effect is to promote the product. It is prohibited to sell a vaping or nicotine product at a substantial discount where the purpose or effect is to promote the product, and it is against the law to give a coupon or sell a coupon at a substantial discount for a vaping or nicotine product where the purpose or effect is to promote the product.
The Government said that, for vaping products, this includes but is not limited to: vape devices, such as vape pens; substances to be vaped, such as e-liquid; and any related components such as coils and vape pods. For nicotine products, this includes but is not limited to: nicotine pouches (tobacco-free pouches containing nicotine powder that are placed between the gum and lip); nicotine strips (dissolvable films containing nicotine that are placed on the tongue or between the gum and lip); and nicotine pearls (small dissolvable balls containing nicotine that dissolve under the tongue).
The Government said: "In England, Wales and Northern Ireland, this replaces the previous restriction which was only applied to nicotine vaping products. In Scotland, both nicotine and non-nicotine vapes were already subject to age restrictions, but these will now also cover nicotine products from October 29, 2026."
Before making a sale, retailers must be satisfied that the customer is aged 18 or over. Selling to someone under the age of sale is a criminal offence and may result in formal action, including the issuing of a fixed penalty notice (FPN) or prosecution. Customers attempting to buy vaping and nicotine products should expect to show ID if they are asked to prove they are above the age of sale.
Fines for breaking new vaping law
If a person commits an offence of selling vaping or nicotine products to an underage person, they can receive a fixed penalty notice of £200 in England, Wales and Scotland. In Northern Ireland, subject to approval by the Northern Ireland Assembly, a person can receive a £250 FPN for committing this offence, the UK Government said.
It added that, if a case went to court, fines could rise to as high as £2,500 in England, Wales and Scotland. In Northern Ireland, the fine can be up to £5,000. The same applies to those found buying the products for someone who is underage.
Are stop smoking services affected by new vape rules?
The UK Government clarified that the new rules do not prevent a stop smoking service from providing a vaping product, nicotine product or coupon for these products "if it is done in accordance with arrangements made by a public authority". It gave an example of a local council that funds a smoking cessation programme, or an NHS body that commissions or provides stop smoking services, where vapes are provided for free as a cessation tool.
It added: "A stop smoking service can continue to offer coupons in exchange for vapes provided by a local vape store or online, so long as an agreement with a public authority is in place."
